By-law No. 2023-64

Delegation of Authority

Click here for a pdf version of the Delegation of Authority By-law

Being a by-law to Delegate Certain Powers and Duties to Officers and Employees of the Township of South Stormont and to Repeal By-law Nos. 2017-073, and 2019-037.

Whereas the Municipal Act, 2001, c. 25, s. 5 (1) provides that the powers of a municipal corporation are to be exercised by its council;

And whereas the Municipal Act, 2001, c. 25, s. 5 (3) provides that the powers of every council are to be exercised by by-law;

And whereas the Municipal Act, 2001, c. 25, section 23.1, provides that a municipality may delegate its powers and duties under the Municipal Act to a person or body subject to certain restrictions as set out in the Municipal Act;

And whereas the Municipal Act, 2001, c. 25, paragraph 6 of subsection 270 (1) provides that a municipality shall adopt and maintain policies with respect to the delegation of it’s powers and duties;

And whereas Council did, on the 6th day of September, 2017, adopt a revised Delegation of Powers and Duties Policy;

And whereas the Planning Act, R.S.O. 1990 Section 5 authorizes Council to delegate authority, by by-law, with the exception of the authority to approve official plans and or amendments to official plans;

And whereas the Planning Act, R.S.O. 1990 Section 39.2 provides that Council may delegate authority to pass by-laws under Section 34 of the Act that are minor in nature;

And whereas Council deems it advisable to delegate certain powers and duties to officers and employees of the Township for the purpose of providing responsible, accountable, good and efficient government.

Now therefore Council of the Corporation of the Township of South Stormont enacts as follows:

Definitions

In this by-law and its schedules, the following words have the following meanings:

“Administrative Powers” means all matters required for the management of the Township that do not involve discretionary decision making;
“Agreement” includes any contracts, memorandums of understanding, letters of intent, offers to purchase or sell, documents, forms, releases, retainers, reports, amendments, renewals or extensions required to give effect to the matter;
“CAO” means the person appointed as the Chief Administrative Officer for the Township pursuant to the Municipal Act;
“Clerk” means the person appointed as the Clerk for the Township pursuant to the Municipal Act and includes the Deputy Clerk;
“Council” means the Council of The Corporation of the Township of South Stormont;
“Delegate” means a member of Township staff who has been delegated, by by-law, a power, duty or function of Council, in accordance with the provisions of this by-law and the Municipal Act;
“Department” means a department of the Township;
“Department Head” means a Director of the Township who is responsible for a Department, or its successor in title, and shall include any person appointed as “acting” Department Head and also the CAO with respect to his/her direct responsibilities for a Department;
“Legislative Powers” means all matters where Council acts in a legislative or quasi-judicial function including enacting by-laws, setting policies and exercising decision making authority;
“Municipal Act” means the Municipal Act, 2001, S.O. 2001, c. 25, as amended, or successor legislation thereof;
“Township” means The Corporation of the Township of South Stormont;
“Township Solicitor” means any lawyer in good standing with the Law Society of Ontario who is retained by the Township at the relevant time in relation to any matter described herein; and
“Treasurer” means the person appointed as the Treasurer for the Township pursuant to the Municipal Act and includes the Deputy Treasurer.

Schedules

The following schedules attached (collectively referred to as the “Schedules”) shall be deemed to form part of this by-law:

Schedule “A” – General Delegations;

Schedule “B” – Development Related Matters;

Schedule “C” – Financial Matters;

Schedule “D” – Permits and Authorizations;

Schedule “E” – Real Property Matters; and

Schedule “F” – Legal Matters.

Delegation

The delegation of a power, duty or function as set out in the attached Schedules to this by-law are hereby delegated to the Delegate or Delegates, subject to the restrictions and requirements, if any, in the column entitled, “Delegation Restrictions and Other Requirements”.
Where more than one person is listed as a Delegate, the delegated authority may be exercised by any of such persons, provided that if any of such persons disagree as to whether or the manner in which to exercise the delegated authority the determination of the earlier listed person shall prevail.
Any delegation of a power, duty or function by by-law to a Delegate includes a delegation of such power, duty or function to a person who is appointed by the CAO, acting in the place of the Delegate or selected from time to time by the Delegate to act in the capacity of the Delegate.
Subject to section 3.3, a person to whom a power, duty or function has been delegated by by-law has no authority to further delegate to another person any power, duty or function that has been delegated, unless such sub-delegation is expressly permitted by this or other by-law, and is in writing.
Unless a power, duty or function of Council has been expressly delegated by Council or otherwise by any legislative act or body acting under legislative authority, all of the powers, duties and functions of Council remain with Council.
Notwithstanding the powers, duties or functions delegated by this by-law, any matter may be referred back to Council for consideration at the discretion of the Department Head, following consultation with the CAO. Any delegation of a power, duty or function authorized by this, or any other by-law, may be revoked at any time without notice, and any action taken pursuant to a revoked delegation shall be of no force and effect.
Specific to Schedule “B”, Development Related Matters, if the Director of Planning and Building deems it in the best interest of the public they may re-delegate, in writing, approval to Council after receipt of a complete application and fee for any process described therein.
If approval authority is re-delegated to Council:
- the Director of Planning and Building is to provide a summary of the application, including any relevant information form meetings prior to the acceptance of the application.
- the application will be brought to Council as part of the next available Council meeting after the Director of Planning and Building notifies Council of the delegation.

Delegate Responsibilities

In exercising any delegated power, the Delegate shall be responsible for ensuring:

that any expenditure related to the delegated matter shall be provided for in the current year’s budget and authorized by the Township’s Procurement By-law;
that any exercise of delegated authority shall not exceed the scope of the authority specified in this or any other by-law by which the delegation was effected;
where required by the specific delegated authority, that a requisite report or communication is provided to Council advising of the exercise of a delegated authority and confirming compliance with the delegated authority and this policy;
that all applicable policies regarding insurance and risk management shall be complied with; and
that Council policies and guidelines are applied consistently and equitably.

Authority

For the purpose of the Municipal Act, it is the opinion of Council that any Legislative Powers delegated pursuant to this by-law are of a minor nature having regard to time period, the number of people affected and the size of geographic area affected by the exercise of each such power.
Further to section 5.1 above, Council hereby deems all by-laws regarding processes set out in Schedule “B” Development Related Matters, as minor in nature.

Conflict and Restrictions

In the event of any inconsistency between this by-law and any other Township by-law or policy, any specific provisions setting out the scope and requirements associated with a delegated power set out in other Township by-laws shall prevail and any exercise of a delegated power pursuant to other Township by-laws shall not be invalidated or restricted by this by-law.

Notwithstanding the provisions of this by-law, all processes, decision-making and administrative management of the Township shall comply with any Provincial or Federal Act, or a regulation made under any such Act, and any instrument of a legislative nature.

General Items

By-law Review

This by-law shall be monitored and evaluated for effectiveness continuously by the CAO and Director of Corporate Services/Clerk and shall be comprehensively reviewed upon specific request by Council.

Council may continue to delegate powers, duties or functions after the passing of this by-law by by-law or Council resolution and the Clerk is hereby authorized to make amendments to this by-law in order to add said further authorized delegations.

Severability

If any provisions of this by-law or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of this by-law, which can be given effect without the invalid provisions or application, and to this end, the provision of this by-law are severable.

Short Title

The by-law may be referred to as the “Delegation of Authority By-law”.

Repeal

That By-law Nos. 2017-073 and 2019-037 are hereby repealed.

Schedule "A"

General Delegations

Delegation of Authority: General Delegations
Delegated Authority	Delegate	Delegation Restrictions and Other Requirements
Exercise general control and management of the affairs of the Township for the purpose of ensuring its efficient and effective operation and execute Agreements related thereto	CAO	In accordance with s. 229 of the Municipal Act Agreement to be in a form approved by the Township’s Solicitor
Develop, approve and implement administrative policies, procedures and practises in the exercise of authority under section 229 of the Municipal Act	CAO	None
Execute general operating Agreements and Agreements required by law	Directors, or as further delegated by the Department Director	Power to delegate further must be in accordance with staff spending authorization limits Includes Agreements: relating to the standard operations of the Department; to carry out works within the scope of Council-approved projects; Agreement must not: be related to acquisition or disposition of real property; be related to a matter to which the Procurement By-law applies; or impose financial or claim risks on the Township Agreement to be in a form approved by the Township Solicitor
Execute Agreements required to implement a Council approved decision, plan or program	Directors, or as further delegated by the Department Director and the Mayor or Deputy Mayor	Power to delegate further must be in accordance with staff spending limits Council approval must be by Council resolution, by-law or policy The exercise of authority must be within limits of an approved decision, plan or program Agreement to be in a form approved by the Township Solicitor A Key Information Report to be brought to Council by the delegate in advance of execution
Execute Agreements with other government bodies, public sector organization or not-for-profit organizations	Directors, or as further delegated by the Department Director and the Mayor or Deputy Mayor	Agreement may be: in relation to investigating joint projects or undertakings and sharing in resources; revenue generating or revenue-neutral; assist with effective delivery of services; in the best interests of the Township. Partnership must not: be related to acquisition or disposition of real property; be related to a matter to which the Procurement By-law applies; or impose financial or claim risks on the Township. Agreement to be in a form approved by the Township Solicitor Key Information Report to be brought to Council by the delegate
Enter into Municipal Road Access Agreements with utility companies	Director, Public Works, or as further delegated by the Department Director	Agreement to be in a form approved by the Township solicitor
Full power, duty, and authority to act as the “head” in accordance with the Municipal Freedom of Information and Protection of Privacy Act (“MFIPPA”), which powers and duties shall include processing requests for information, responding to inquiries, and conducting appeals on behalf of the Township pursuant to MFIPPA	Director, Corporate Services/Clerk, or as delegated by the Department Director	In accordance with requirements set out in MFIPPA
Authority to execute any such documents or ancillary agreements as the Clerk may deem necessary to conduct an election, notwithstanding any provisions of the Procurement By-law	Director, Corporate Services/Clerk, or as delegated by the Department Director	None
Approve the flying of flags at half-mast in commemoration of a period of official mourning and solemn occasions	Director, Corporate Services/Clerk, or as delegated by the Department Director	To be exercised in accordance with the general principles of the Flag Raising Policy
Declare an event to be of municipal significance	Director, Corporate Services/Clerk, or as delegated by the Department Director	Pursuant to the Township’s Municipal Significant Events Policy Notation to be included in Department Monthly Activity Summary
Amend Delegation By-law where Council delegates further powers, duties or authorities	Director, Corporate Services/Clerk, or as delegated by the Department Director	Delegation must be by Council resolution, by-law or policy and in accordance with any restrictions set by Council or set out in the Council report
Amend Records Management By-law, Retention Schedule where updates are required	Director, Corporate Services/Clerk, or as delegated by the Department Director	Retention updates because of legislative changes and best practice Key Information Report to be brought to Council by the delegate
Amend Emergency Management Plan, Confidential Schedules where updates to contact information or emergency response plan(s) are warranted	Director, Corporate Services/Clerk, or as delegated by the Department Director	In accordance with the Emergency Management and Civic Protection Act Notation to be included in Department Monthly Activity Summary
Declare a significant weather event	Director, Public Works, or as delegated by the Department Director	To be exercised in accordance with minimum maintenance standards Communicated to Council as soon as practical
Designate construction zones on highways in accordance with subsection 128(8.1) of the Highway Traffic Act	Director, Public Works, or as delegated by the Department Director	To be conducted in accordance with the requirements of the Highway Traffic Act
Authority to act as the “head” in accordance with the Ombudsman Act	CAO or Director, Corporate Services/Clerk	In accordance with the requirements of the Ombudsman Act
Issue letters of support for community festivals, outdoor events, third party grants and Council priorities	CAO or Director, Corporate Services/Clerk	Support must not commit a financial contribution Notation to be included in Department Monthly Activity Summary
Authority to approve and execute software licensing Agreements	Director, Corporate Services/Clerk or as Director of Corporate Services/Clerk	In accordance with the requirements of the Township’s Procurement Policy and annual budget Notation to be included in Department Monthly Activity Summary

Schedule "B"

Development Related Matters

Delegation of Authority: Development Relates Matters
Delegated Authority	Delegate	Delegation Restrictions and Other Requirements
Authority to require, approve or revoke plans and drawings and to execute site plan Agreements	Director, Planning and Building or as delegated by the Department Director	In accordance with subsection 5 (1) and Section 41 (4.0.1) of the Planning Act
Authority to approve and enact a minor by-law to remove a holding symbol under section 34 of the Planning Act	Director of Planning and Building and executed by the Director, Corporate Services/Clerk or Deputy Clerk and Mayor or Deputy Mayor	In accordance with subsection 36 and 39.2 (3) (b) of the Planning Act; and Subject to recommendation of applicable Department Directors Key Information Report to be brought to Council by the delegate
Authority to approve and enact by-laws to designate lands within a registered plan or plans of subdivision or parts of them as not subject to part lot control in accordance with section 50 (7) or the Planning Act	Director of Planning and Building and executed by the Director, Corporate Services/Clerk or Deputy Clerk and Mayor or Deputy Mayor	In accordance with subsections 5 (1) and 50 (7) of the Planning Act Subject to approval from the United Counties of Stormont, Dundas and Glengarry as per O. Reg. 521/98 Key Information Report to be brought to Council by the delegate
Authority to approve and enact by-laws to approve minor by-laws to authorize the temporary use of land, buildings or structures in accordance with subsection 29 (1) of the Planning Act	Director of Planning and Building and executed by the Director, Corporate Services/Clerk or Deputy Clerk and Mayor or Deputy Mayor	In accordance with subsections 39 and 39.2 (3) (b) of the Planning Act and; and Section 8.12.6.1 of the SDG Official Plan Key Information Report to be brought to Council by the delegate
Authority to approve and enact minor by-laws under section 34 of the Planning Act with respect to restricting residential development on a lot created as a result of farm consolidation	Director of Planning and Building and executed by the Director, Corporate Services/Clerk or Deputy Clerk and Mayor or Deputy Mayor	In accordance with subsections 5 (1) and 39.2 (1) of the Planning Act; and Section 2.3.4.1 c) of the Provincial Policy Statement 2020; and Section 8.12.6.1 of the SDG Official Plan Key Information Report to be brought to Council by the delegate
Authority to approve and enact minor by-laws under section 34 of the Planning Act with respect to a Zoning By-law Amendment that is required as a condition of approval of a provisional consent application	Director of Planning and Building and executed by the Director, Corporate Services/Clerk or Deputy Clerk and Mayor or Deputy Mayor	In accordance with subsections 5 (1) and 39.2 (1) of the Planning Act; and Section 8.12.6.1 of the SDG Official Plan; and Provided that there were no objections from either the public or circulated agencies during the circulation period Key Information Report to be brought to Council by the delegate
Authority to deem applications complete	Director, Planning and Building or as delegated by the Department Director	In accordance with subsections 5 (1), 22 and 34 of the Planning Act and other sections of the Planning Act requiring the submission of an application
Authority to execute Subdivision and Condominium Agreements and to clear associated conditions	Director, Planning and Building or as delegated by the Department Director	Agreement must be in conformity with the SDG Official Plan, Zoning By-law and all other relevant documents and policies Key Information Report to be brought to Council by the delegate
Authority to execute Lot Consolidation and Development Agreements	Director, Planning and Building or as delegated by the Department Director	Agreement must be in conformity with the SDG Official Plan, Zoning By-law and all other relevant documents and policies, which may include but is not restricted to, Director approved entrance permit standards, public works specifications, and the Building By-law. Notwithstanding the delegation of execution above, where so requested by either Council or the applicant, development related applications shall be approved by Council. Key Information Report to be brought to Council by the delegate
Authority to recommend to the United Counties of SDG to extend the lapsing period of draft plans of subdivision and condominiums	Director, Planning and Building or as delegated by the Department Director	In accordance with subsection 5 (1) of the Planning Act, authority is delegated to support two draft plan extensions totaling no more than four (4) years to an existing approved draft plan. Request for a third extension must be brought to Council for consideration Key Information Report to be brought to Council by the delegate
Authority to establish conditions of consent and to clear conditions	Director, Planning and Building or as delegated by the Department Director	Authority to determine Township conditions of consent and forward to the United Counties of SD&G for inclusion with the final decision. Notation to be included in Department Monthly Activity Summary
Negotiate and execute all Agreements provided for in the Building Code Act	Chief Building Official or as delegated by the Chief Building Official	In accordance with the Building Code Act Key Information Report to be brought to Council by the delegate
Authority to approve and issue Municipal Statement of Concurrence in response to applications for Radiocommunication or Telecommunication Facility applications	Director, Planning and Building or as delegated by the Department Director	To be exercised in accordance with the Township’s Radiocommunication / Telecommunication Facility Protocol Key Information Report to be brought to Council by the delegate

Schedule "C"

Financial Matters

Financial Matters
Delegated Authority	Delegate	Delegation Restrictions and Other Requirements
Administer, approve and renew, amend or terminate Township funding, financial incentive, compensation or subsidy and to execute any related Agreements	Director, Finance/Treasurer or Department Director, or as delegated by the Department Director	Must be related to an activity, program, construction, event or other expense and within approved budget To be exercised in accordance with any policy or Council report relating to the funding, including reporting requirements to Council Agreement to be in a form approved by the Township Solicitor Key Information Report to be brought to Council by the delegate
Apply for federal, provincial or regional compensation, funding or other forms of subsidy on behalf of the Township, to execute any Agreements in relation to such grants and manage any such funds	Director, Finance/Treasurer or Department Director, or as delegated by the Department Director	Applications must be related to a Township program, operation, approved capital project or new capital initiatives for proposed projects or undertakings that meet Council’s strategic goals. Notation to be included in Department Monthly Activity Summary
Execute Agreements relating to management and distribution of grant funds received by the Township at no cost to the Township	Director, Finance/Treasurer or Deputy Treasurer Where required by the grant program: Mayor and/or Deputy Mayor	Council approved funding through annual budget or Council resolution Agreement to be in a form approved by the Township Solicitor and in accordance with any conditions and requirements attached to the grant funds Key Information Report to be brought to Council by the delegate
Sign cheques issued by the Township upon the Township’s general bank account	Director, Finance/Treasurer or Deputy Treasurer AND either the Mayor or Deputy Mayor	None
Authorize, prior to transmission, electronic payments for the payment of vendors through the Accounts Payable system issued by the Township upon the Township’s general bank account	Director, Finance/Treasurer or Deputy Treasurer AND either the Mayor or Deputy Mayor	None
Authorize, prior to transmission, all electronic payments for recurring payroll through the Township’s payroll system issued by the Township upon the Township’s general bank account	Director, Finance/Treasurer or Deputy Treasurer and either the CAO or Director, Corporate Services/Clerk	None
Open accounts and establish business relationships with banks or investment brokers for the purposes of purchasing, trading and holding financial investments, and to execute Agreements related to same	Director, Finance/Treasurer or Deputy Treasurer and either the CAO or Director, Corporate Services/Clerk	Quarterly Key Information Reports to be brought to Council by delegate
Transfer funds between Township accounts to properly manage the Township’s financial affairs	Director, Finance/Treasurer or Deputy Treasurer and either the CAO or Director, Corporate Services/Clerk	Quarterly Key Information Reports to be brought to Council by delegate
Initiate and file notices of tax or assessment appeals, including Requests for Reconsideration, to resolve, mediate, settle or withdraw any appeal for any property in the Township with the Assessment Review Board (ARB) and to attend before the ARB on property tax or assessment matters as a party, whether filed by the Township or another person or entity.	Director, Finance/Treasurer or as delegated to the Deputy Treasurer	None
Approve and Execute Tax Arrears Extension Agreement(s)	Director, Finance/Treasurer or as delegated to the Deputy Treasurer	In accordance with the Municipal Act, 2001, O. Reg 181/03, O. Reg 571/17 and the Township’s Billing and Collection Policy Notation to be included in Department Monthly Activity Summary
Execute minutes of settlement arising out of any appeal at the Assessment Review Board.	Director, Finance/Treasurer or as delegated to the Deputy Treasurer	The minutes of settlement have to be, in the opinion of the Treasurer, in the best interests of the Township and in a form approved by the Township Solicitor Notation to be included in Department Monthly Activity Summary
Make technical adjustments to the annual approved capital and operating budget based on business needs and good accounting practices	Director, Finance/Treasurer or as delegated to the Deputy Treasurer	Notation to be included in Department Monthly Activity Summary
Increase a capital project’s approved budget and transfer funds between approved capital projects for this purpose	Director, Finance/Treasurer or as delegated to the Deputy Treasurer	Increase an approved capital project budget to a maximum of 10% of its original approved budget. A maximum of 10% of similar funding may be transferred from another existing approved capital project budget to another project Amount of funding must be available within another approved capital project Key Information Report to be brought to Council by the delegate
Authorize reduction or release of Letter of Credit or reduction or release of similarly approved security related to progress of development works	Director, Finance/Treasurer or as delegated to the Deputy Treasurer	Subject to recommendation of Department Directors
Discharge loan Agreements and mortgages registered on properties located within the Township	Director, Finance/Treasurer or as delegated to the Deputy Treasurer	Subject to recommendation of Department Directors
Reduce, waive or cancel late payment charges, penalties and interest on overdue tax accounts	Director, Finance/Treasurer or as delegated by the Department Director	In accordance with the Township’s Billing and Collection Policy
Approve Corporate Sponsorship Agreements	CAO or Department Director, or as delegated by the Department Director	In accordance with the Township’s Corporate Sponsorship and Advertising Policy Annual Summary Key Information Report to be brought to Council
Authorize and approve drainage assessment reapportionment Agreements	Drainage Superintendent or as delegated by the Department Director	In accordance with the provisions of the Drainage Act as a result of a condition of consent under the Planning Act Notation in Department Monthly Activity Summary

Schedule "D"

Permits and Authorizations

Delegated Authority	Delegate	Delegation Restrictions and Other Requirements
Approve, amend, refuse, execute or refund facility licenses, permits or Agreements for occupancy on a short term basis in recreational facilities or lands	Director, Parks and Recreation or as delegated by the Department Director	Permits and Agreements are to be in a form approved by the Township Solicitor Notation in Department Monthly Activity Summary
Grant, refuse or grant with conditions a Facility Permit for an event requiring a Special Occasion Permit	Director, Parks and Recreation or as delegated by the Department Director	To be exercised in accordance with the Township’s Municipal Alcohol Policy
Issue or refuse pool enclosure permits	Chief Building Official	To be exercised in accordance with the requirements of the Township’s Fence By-law or Pool Fence Requirements By-law
Issue, renew, impose conditions, cancel, revoke or decline to issue permits, and enter into Agreements for a sign	Director, Protection of Persons and Property, or as delegated by the Department Director	To be exercised in accordance with the requirements of the Township’s Sign By-law
Issue, renew, impose conditions, cancel, revoke or decline to issue permits, and enter into Agreements for pet Tags	Director, Protection of Persons and Property, or as delegated by the Department Director	To be exercised in accordance with the requirements of the Township’s Responsible Pet By-law
Grant exemptions under the Noise & Nuisance By-law for events that are reasonable and/or events of a similar nature have been provided an exemption by Council previously.	Director, Protection of Persons and Property, or as delegated by the Department Director	This delegation does not extend to an event that has changed substantially in nature since the previous exemption was granted Notation in Department Monthly Activity Summary
Temporarily close highways for social, recreational, athletic, community, or filming purposes or combination of such purposes	Director, Public Works or as delegated by the Department Director	To be exercised in accordance with the Township’s Policy to Temporarily Close a Highway Notation in Department Monthly Activity Summary
Temporarily close highways for the construction, repair, maintenance or improvement of such highway or portion thereof, or for any other cause deemed sufficient	Director, Public Works or as delegated by the Department Director	To be exercised in accordance with the Highway Traffic Act and the Township’s Policy to Temporarily Close a Highway
Issue or refuse topsoil removal permits	Chief Building Official or as delegated by the Department Director	To be exercised in accordance with the Township’s Topsoil Removal By-law Notation in Department Monthly Activity Summary
Approve or refuse sewer connections and disconnections to municipal sewage works	Director, Public Works or as delegated by the Department Director	To be exercised in accordance with the Township’s Sewer Use By-law to be amended with Sewer Allocation Policy
Close off parks, or parts thereof, to relieve/prevent overcrowding and traffic congestion, or in the interests of public safety	Director, Parks and Recreation or as delegated by the Department Director	None Notation in Department Monthly Activity Summary or communicated as soon as practical in the event of an emergency
Issue, renew, impose conditions, cancel, revoke or decline to issue Transient Trader Licence	Municipal Law Enforcement Officer or as delegated by the Department Director	In accordance with the Township’s Transient Trader By-law
Issue, renew, impose conditions, cancel, revoke or decline to issue Taxicab License	Municipal Law Enforcement Officer or as delegated by the Department Director	In accordance with Township’s Taxicab and Limousine By-law
Issue, renew, impose conditions, cancel, revoke or decline to issue Entrance Permits	Director, Public Works or as delegated by Department Director	In accordance with the Township’s Entranceway Regulations By-law
Issue, renew, impose conditions, cancel, revoke or decline to issue Ditch Infill Permits	Director, Public Works or as delegated by Department Director	In accordance with the Township’s Ditch Infill Policy
Issue, renew, impose conditions, cancel, revoke or decline to issue Streetlight Shade Permit	Director, Public Works or as delegated by Department Director	In accordance with the Township’s Streetlight Shade Policy
Issue, renew, impose conditions, cancel, revoke or decline to issue Temporary Patio Permits	CAO, or as delegated	In accordance with the Township’s Temporary Patio Policy

Schedule "E"

Real Property Matters

Real Property Matters
Delegated Authority	Delegate	Delegation Restrictions and Other Requirements
Approve and execute Agreements for occupancy of space on a short-term basis in recreational facilities or on Township owned lands	CAO or as delegated by the CAO	The authority is limited to the following circumstances: • term shall not be for a period longer than one (1) year • the lease/license shall be on the terms and conditions and in the form satisfactory to the Township Solicitor Key Information Report to be brought to Council by the delegate
Negotiate and execute easements and any associated Agreements with other levels of government, public sector agencies and private property owners	Director, Corporate Services/Clerk or Department Director, or as delegated by the Department Director	Where required for municipal purposes or Township approved projects Agreement to be in a form approved by the Township Solicitor Key Information Report to be brought to Council by the delegate
Convey transfers, grant easements or licences over Township owned lands and any associated Agreements with other levels of government public sector agencies and private property owners	Director, Corporate Services/Clerk or as delegated by the Department Director or Director, Planning and Building or as delegated by the Department Director	Transfer, easement or licence • is minor in nature; • is for the purpose of providing a right of access, utility, telecommunications, services, conservation or other municipal purpose; • will not substantially interfere with the utility or value of Township lands; or • will have a value of up to $5000.00 Agreement to be in a form approved by Township Solicitor
Release easements over Township owned land where the easement is no longer required for municipal purposes	Director, Corporate Services/Clerk or as delegated by the Department Director or Director, Planning and Building or as delegated by the Department Director	Subject to recommendation of Department Directors Subject to confirmation of Township Solicitor
Negotiate and execute Agreements, undertakings, certificates, declarations and similar documents required for the completion of any transaction involving the purchase, sale or exchange of any interest in land	CAO or Director, Corporate Services/Clerk and the Mayor or Deputy Mayor	Council approval obtained by Council resolution, directive, by-law or policy Agreements to be in a form approved by the Township Solicitor
Approve extension of the closing date of purchase and sale transactions and execute any related Agreements	CAO or Director, Corporate Services/Clerk	In consultation with Department Director Key Information Report at the next available Closed Session Council by the delegate

Schedule "F"

Legal Matters

Delegated Authority	Delegate	Delegation Restrictions and Other Requirements
Accept service of any legal document on behalf of the Township	Director, Corporate Services/Clerk or as delegated by the Department Director	None
Commence any legal proceeding on behalf of the Township so that a limitation period or other time restriction does not expire or in an emergency to protect the Township’s interest	CAO or as delegated by the CAO	CAO, or delegate, must bring a report at the next available Closed Session Council meeting to seek instructions to continue the proceeding
Retain external legal counsel to provide legal opinions or legal expertise for a particular matter and execute associated Agreements	CAO or Department Director in consultation with the CAO	Amount not to exceed $5,000.00, excluding HST and disbursements
Settle insured or uninsured claims by or against the Township that are below the Township’s deductible and execute associated Agreements	CAO or Department Director in consultation with the CAO	Settlement amount does not exceed $25,000, exclusive of costs and necessary waiver is executed Power to delegate further must be in accordance with staff spending authorization limits CAO, or delegate, must bring a Key Information Report at the next available Closed Session Council
Settle insured claims by or against the Township that are above the Township’s deductible and execute any associated release documents	CAO or Department Director in consultation with the CAO	Upon recommendation of the Township’s insurance provider or Township Solicitor CAO, or delegate, must bring a Key Information Report at the next available Closed Session Council

Read and passed in open Council, signed and sealed this 13th day of September, 2023.

Township of South Stormont
2 Mille Roches Road, Long Sault K0C 1P0

(613) 534-8889
info@southstormont.ca